The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-08-12
III CISION.

waived. Before Mr.. Justice Preston.
III CIsIoN.
This is an action of trover brought to
recover certain stock in trade, consisting
OF crockery, glassware, etc, belonging
to the bankrupt, CT its value. 1t APP
peared from the evidence that on April
[, 1864, Jane Robinson and Robert
Lawrence granted Il lease of store,
corner of King and Nuuanu streets, HO-
nolulu, to I. and T. ] Mossman, for the
term of three years from date, with the
privilege of holding the same three adj
ditional years, >" at the yearly rent of
81 ,03O, payable quarterly. That at the
expiration OF the said term no other
lease or agreement was made, and the
tenants and the survivor, 7. J. Moss
man, remained in possession of the prem
ises, paying the same rent as reserved by
the lease, until the bankruptcy of the
said T. J. Mossman, which occurred on
the gath day of January, 1887, on which
day the defendants. who had become the
owners OF the premises, distrained and
years rent due on the first day of the
said month. The plaintiff was appointed
assignee of the bankrupt's estate, and
claimed that the distress was illegal.
On behalf of the plaintiff it was con-
tended that at the expiration OF the term
created by the lease the lessees continued
i'll possession as tenants at will only, and
therefore under the statute relating to
distress for rent the plaintiffs had no
right to distrain, or at most for four
months rent only.
am of opinion that the defendants
are entitled to judgment. The lessees,
on the expiration OF the term, became
tenants from year to year, subject to the
tenancy being determined by proper no.
tice The statute allowing distress for
rent does not limit the right to any detin-
lite time, or to any express amount. 1t
provides that no goods shall be liable to
be taken on execution, unless the
party suing out the same shall
pay all arrears of rent, provided
the same shall not exceed one year, if
the tenancy be by the year, or four
weekly or monthly payments if the ten
ancy shall be by the week or month.
This provision cannot apply in this case
The defendants having distrained and
removed the goods before the order to
the Marshal to take possession was
made are entitled to hold the proceeds,
and therefore find for the defendants,
and direct judgment to be entered for
them with costs, as OF the July term.
EDWARD PREsToN.
Cecil Brown for plaintiff, W. A. Kin
ney for defendants.
Alexander J. Cartwright, trustee of
the estate of Thomas Cummins. VS..
Richard Oliver and \. 5. Cleghorn.
From April term. Jury waived. Before
Mr.. Justice Preston.
DECISION.
This is an action by the plaintiff, as
the trustee of the estate OF the late
Thomas Cummins, as the holder of a
promissory note for 81 900 made by the
defendant, Richard Oliver, on December
"a, 1877, in favor of A. 5. Cleghorn &
Co, and payable six months after date,
and indorsed by a. :. Cleghorn to the
deceased.
The defendant Oliver, allowed judg-
ment to 90 by default.
The defendant, \. :. CIeghorn.
pleaded the general issue and gave
notice that ne would rely upon want of
notice OF dishonor and the statute of
limitations.
The note was Endorsed by the defend
ant Cleghorn, protest waived"
am OF opinion that the Endorsement
did not dispense with notice ol dishonor.
aud also find that the defen-, OF the
statute of limitations is sustained
therefore decide that the defendant
is entitled to judgment, and 10 order the
same 10 be entered with costs
EDWARD Preston.
Cecil Brown for plaintiff; F. VI.
Hatch for defendant